§ 15-10-257. RECOVERY OF ECONOMIC BENEFIT.

If the director determines that a person has violated this chapter, a permit, enforcement order, or agreement, the director may recover the economic benefit accrued to the person due to the person's non-compliance, including:

(A)

the cost benefit resulting from the delay or avoidance of:

(1)

capital costs that would have been incurred for compliance; and

(2)

operation and maintenance costs that would have been incurred for compliance, including the cost of labor, utilities, chemicals, supplies, replacement parts, overhead, monitoring, permit fees, and other fixed or variable costs;

(B)

a reasonable investment rate of return on the cost benefit calculated under Subsection (A);

(C)

the value of a competitive advantage derived by the person attributable to the person's non-compliance, including increased profit or market share compared to competitors in compliance; and

(D)

other economic benefit the director may determine.

Source: 1992 Code Section 18-2-257; Ord. 031204-14; Ord. 031211-11.